Middlebury register. (Middlebury, Vt.) 1886-1937, 1887-09-30
IAE GRANGE NOTORIOUS.

THE GRANGE VIoToRloUs.
DECISION OF THE INTERSTATE COMMITS
SION IN THE VERMONT CASE.
The first three days of September the
interstate commerce commission sat at
Rutland to hear complaints against the
National Despatch line and the Central
Vermont railroad for unjust discrimina-
tions. The following is the substance of
the commissions decision:
In deciding the case the commission
holds that the Central Vermont and the
other roads over which the National De-
spatch line operates are responsible for
the rates made by that line, which in law
is their agent for the purpose of making
them. 1t further holds that the Boston
& Albany has, on its own behalf, no
ground of complaint against the defend
ants. Its grievance, if any, is that the
defendant roads make lower charges on
long haul traffic than it makes. But this
they have right to do. In the high To-
cal rates the Boston & Albany has no
concern. 1t was said in the argument
that it was interested in the question be-
cause, if the Central Vermont could law
fully make the higher charges on the
shorter haul, the Boston & Albany desir-
ed to know it in order that it might do
the same. But this was no reason for in
shutting these proceedings, for any case
must stand on its own facts, and it would
not follow that what would be lawful to
the Central Vermont would be lawful for
the Boston & Albany, the circumstances
and conditions of whose traffic might be
altogether different. The State grange,
however, representing persons presum-
ably interested in the local rates, had a
right to complain of them, and on its
complaint this case was disposed of on
the merits.
After discussing at some length the
plea of the defense-that they were COM
PEELED by competition to make low rates
on long-haul trafiic-the commission
says:
In the matter of the Louisville & Nash
vile railroad company we expressed the
opinion that there might be cases in which
the competition between railroads, even
when they were ali subject to the juris-
diction of the commission, would present
such dissimilarity of circumstances and
conditions between long and short haul
traffic as to justify the greater charge for
the shorter haul on the same line in the
same direction. But our published opn-
ion shows that we thought these cases
Ilusl DC lulC CANtDblOldls Liz u ulh
lines are all subject to our Jurisdiction.
What, then, are the peculiar crcumstan-
ces and conditions which constitute the
difference between the case before us and
cases of railroad competition in general?
The principal difference must be found in
the fact that the trunk lines have interior
or shorter lines compared with the line of
the defendants and the latter are COM
PEELED. therefore, to make very low rates
on their through traffic. This is a neces-
sity of the situation, but it is a necessity
which exists whenever long and short
lines compete. The long line must ac-
cept the rates made by the short line and
perhaps make concessions from them. In
this respect there is nothing peculiar in
the position of these defendants.
But without enlarging on this branch of
the case, we content ourselves with say
ing that such peculiar facts are not found
to exist in this case as will justify the
greater charge on the shorter line. There
remains only the duty to make and issue
the order which the facts found require.
The Central Vermont and the other de-
PENDANTS concerned with it in interstate
traffic between Boston and st. Adams
and Boston and Ogdensburg respective
ly, including those points, must wholly
cease and desist from charging or receiv-
ing in respect to any part of such traffic
a greater compensation for transpOrta-
tion of a like kind of property for
shorter than for a longer distance over
the same line in the same direction, the
shorter being included within the longer
distance. In performing this duty we
neither do, nor with propriety can, ex-
press any opinion upon the intrinsic rea-
sonableness or justice of the rates hereto
fore imposed, except to this extent: that
4 Il n. - Il. II.
dence that when the local traffics are
made to conform to the letter of the law,
as above directed, they will be unreason-
able.